Lawyer
Lawyer in the field of military law. Specializes in issues of mobilization, postponement and reservation. Provides services for appeals to the military medical commission, escorting to the military commissariat, dismissal from military service, obtaining the status of a participant in hostilities. Conducts court cases on military issues.
Case: Obtained “critical status” for the farm enterprise via the DAR system
Service: Obtaining Critical Enterprise Status
A farming business approached Prikhodko & Partners Law Firm regarding obtaining the status of a critical enterprise. The client was unsure which specific criterion could serve as a basis for obtaining critical status and whether the company’s business indicators met the applicable requirements. Therefore, our lawyer began the work with a comprehensive audit of the enterprise.
Client’s request
The main task was to determine whether the agricultural business was eligible to obtain critical enterprise status and to complete the relevant procedure through the Ministry of Economy and Environment of Ukraine.
This required not only identifying the appropriate sector-specific criterion, but also reviewing the company’s documents and actual business indicators, preparing the proper set of documents, and correctly submitting the application through the State Agrarian Register.
Enterprise audit and determination of the relevant criterion
Military law attorney at Prikhodko & Partners Danylo Honcharenko conducted an audit of the farming business and reviewed its registration, land, tax, and other relevant documents.
During the review, it was established that the farming business cultivates more than 1,000 hectares of agricultural land.
This was of key importance because one of the sector-specific criteria applicable to agricultural enterprises is the cultivation of agricultural land covering an area of at least 1,000 hectares for the purpose of carrying out agricultural activities.
At the same time, having a land bank of more than 1,000 hectares does not automatically guarantee critical enterprise status. The company must also meet other requirements established by law, so our lawyers additionally reviewed the business profile of the farming enterprise and other required indicators.
Based on the audit results, it was established that the farming business had sufficient grounds to apply for critical enterprise status under the sector-specific criteria applicable to the agricultural sector.
Legal support from Prikhodko & Partners
After identifying the appropriate criterion, military law attorney Danylo took responsibility for preparing the enterprise for submission.
As part of the legal support, the lawyer:
- conducted a comprehensive audit of the enterprise and its business indicators;
- identified the relevant sector-specific criterion for the agricultural enterprise;
- verified information regarding the area of agricultural land cultivated by the farming business;
- reviewed the documents required to confirm compliance with the established requirements;
- prepared the complete package of documents;
- prepared the application for recognition of the enterprise as critically important;
- provided legal support for the electronic submission of documents through the State Agrarian Register (DAR);
- monitored the consideration of the application until the final decision was made.
The State Agrarian Register plays an important role in this procedure for the agricultural sector: agricultural enterprises use this electronic system to submit applications and supporting documents for consideration by the Ministry of Economy.
Positive result
After the prepared package of documents was submitted through the State Agrarian Register and reviewed by the competent authority, a positive decision was made — the farming business obtained critical enterprise status.
If your agricultural business is planning to obtain or confirm critical enterprise status, it is advisable to determine in advance which sector-specific criteria it meets. Errors in identifying the relevant criterion, land information, or supporting documents may result in the application being rejected.
The lawyers at Prikhodko & Partners will conduct an audit of your enterprise, identify possible grounds for obtaining critical enterprise status, prepare the required package of documents, and provide legal support throughout the submission process via the State Agrarian Register until the result is obtained.
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